Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

US can kill its own citizens without review when state secrets are involved, DOJ lawyer argues
ABA Journal ^ | 18 Nov 2020 | Debra Cassens Weiss

Posted on 11/27/2020 8:24:29 AM PST by Theoria

A U.S. Department of Justice lawyer argued Monday that the United States can kill its own citizens without judicial review when litigation would reveal state secrets.

The argument drew alarm among judges on the U.S. Court of Appeals for the District of Columbia Circuit, Courthouse News Service reports.

Judge Patricia Millett characterized the DOJ’s argument as giving the government the ability to “unilaterally decide to kill U.S. citizens,” according to coverage of the argument by Courthouse News Service. “Do you appreciate how extraordinary that proposition is?”

The government’s brief in the case supplies details of the lawsuit. The plaintiff, Bilal Abdul Kareem, is a U.S. citizen who works as a journalist in Syria for the “On the Ground Network” news channel, which provides access to the views of rebel fighters. The militants are linked to al-Qaida, according to Courthouse Service.

Kareem alleges that he was narrowly missed by five military strikes that he thinks were carried out by the U.S. military as a result of his inclusion on a kill list. He suggests that he was put on the list because of metadata from electronic devices, and he doesn’t meet the guidelines for inclusion.

The government sought to dismiss the case, invoking the state secrets privilege because Kareem sought discovery on whether he had been targeted, the process the government used to target him, and whether the United States had attempted to kill him. A federal judge agreed with the government.

In its appellate brief, the government argued that Kareem lacked standing because he makes an unsupported assertion about being targeted in a war zone. Even if he had standing, the government argued, the state secrets privilege forecloses litigation of his claim.

(Excerpt) Read more at abajournal.com ...


TOPICS: Crime/Corruption; Government; Syria; War on Terror
KEYWORDS: alqaeda; aq; bilalabdulkareem; bradleyhinshelwood; doj; fakeamericans; kareem; killlist; patriciamillett; standing; statesecrets; syria; tatesecrets; unlawfulcombatants; warzone; wot
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-8081-91 next last

1 posted on 11/27/2020 8:24:29 AM PST by Theoria
[ Post Reply | Private Reply | View Replies]

To: Theoria

Seth Rich is happy to hear this.


2 posted on 11/27/2020 8:26:06 AM PST by PGR88
[ Post Reply | Private Reply | To 1 | View Replies]

To: Theoria

This guy must be a Trump voter.


3 posted on 11/27/2020 8:27:43 AM PST by Vitesse
[ Post Reply | Private Reply | To 1 | View Replies]

To: PGR88

It actually happened overseas and he was on a military kill list.

Read the article.

It’s interesting.


4 posted on 11/27/2020 8:28:25 AM PST by dp0622 (Tried a coup, a fake tax story, tramp slander, Russia nonsense, impeachment and a virus. They lost.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Theoria
'“Do you appreciate how extraordinary that proposition is?”'

Yes. I'm familiar with the history of the Gestapo and the NKVD, not to mention the Roman Empire, China under Mao Tse Tung, and Pol Pot's Cambodia.

5 posted on 11/27/2020 8:29:20 AM PST by Savage Beast (May God reveal the truth for all the world to witness! May God save the USA!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Theoria

“Kareem alleges that he was narrowly missed by five military strikes that he thinks were carried out by the U.S. military as a result of his inclusion on a kill list. He suggests that he was put on the list because of metadata from electronic devices, and he doesn’t meet the guidelines for inclusion.”

After watching what went down with Trump, it is not hard to see how Brennan might have pulled some shenanigans on people putting them on a kill list. Govt should be held accountable for their nefarious, dubious, and questionable practices. Btw, not saying Brennan was involved in this. Just saying someone who operates like Brennan should have some true oversight


6 posted on 11/27/2020 8:33:20 AM PST by RummyChick (I blame Kushner.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Savage Beast

And we may soon be more familiar with the demcommies, pantyfa, #bm and ‘aoc’s’ list of enemies of the left.


7 posted on 11/27/2020 8:33:33 AM PST by rktman ( #My2ndAmend! ----- Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Theoria

Does this mean the Clinton’s and Soetero and their ilk will be snuffed?


8 posted on 11/27/2020 8:35:57 AM PST by Karliner (Heb 4:12 Rom 8:28 Rev 3, "...This is the end of the beginning." Churchill)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Karliner
Does this mean the Clinton’s and Soetero and their ilk will be snuffed?

Not by us...

9 posted on 11/27/2020 8:38:38 AM PST by null and void (If a country fixed a national election overnight like America just did, we would probably invade it.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Theoria

I hope we don’t joke about how other countries have a joke of a Constitution and where citizens have no real rights?

The US Constitution and the Bill of Rights are meaningless.

A run away government bureaucracy always looking to expand it’s budget, scope and powers, government secrecy (most of which is for self benefit and not actual protection of capabilities, sources, future operations, techniques and procedures), liberals looking to grow government to create their egalitarian and economic secure utopia, conservative wanting to grow government in the name of security from physical threats, the ignorant masses that do not care except for pop culture trash, what feels good or gives them 15 minutes of notoriety... here we are.

For the Republican voter, the George H. and George W. types... they are just as much at fault for this massive government and mess, the usurping of basic constitutional concepts as the worst liberal like an Obama. For the true Conservatives out there believing in the US Constitution and understanding that big government makes for a small citizen, take this as a warning. Never fall for it. The Founding Fathers were right: B. Franklin was right!!!

“Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.”


10 posted on 11/27/2020 8:41:22 AM PST by Red6
[ Post Reply | Private Reply | To 1 | View Replies]

To: PGR88

but “what if” by revealing the information the life of a valuable source is endangered, perhaps more and, perhaps an entire operation that could save even more lives is ended.

This actually happened during the revelations of the Senate’s Church Committee hearings a few years back. Because of their elephant in a china shop tactics lives were lost, valuable foreign intelligence contacts were lost. We have never recovered from those years.


11 posted on 11/27/2020 8:41:29 AM PST by elpadre
[ Post Reply | Private Reply | To 2 | View Replies]

To: Karliner

I nominate the Clinton dynasty inclusive of Obama and his regime. Basically, anyone involved in the obamian death to America regime.


12 posted on 11/27/2020 8:44:00 AM PST by himno hero (had'nff)
[ Post Reply | Private Reply | To 8 | View Replies]

To: rktman

May be a very fast and slippery slope for thee and me and our ‘ilk’.


13 posted on 11/27/2020 8:45:03 AM PST by seenenuf (South O.C., CA and waiting for a reason to stay here.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Theoria

Of course the DOJ lawyer is sworn in under the US Constitution, raising the right hand to uphold and protect it from enemies foreign and domestic. Hahahaha


14 posted on 11/27/2020 8:45:35 AM PST by Red6
[ Post Reply | Private Reply | To 1 | View Replies]

To: Theoria

I’m sure the Dems consider their methods of “winning” elections to be state secrets. This, every pro-Trump/anti-Biden election lawsuit is, to them, “litigation involving state secrets.”


15 posted on 11/27/2020 8:48:43 AM PST by Burma Jones
[ Post Reply | Private Reply | To 1 | View Replies]

To: seenenuf

Not feeling too ‘ilky’ today. Maybe tomorrow.


16 posted on 11/27/2020 8:49:06 AM PST by rktman ( #My2ndAmend! ----- Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Theoria

Separation of powers - rather than reveal any secrets, the DOJ could simply either not contest the case, or in the most extreme measure I wish some POTUS would employ, not even go into court on it. To suggest that it can kill citizens just to “protect state secrets” is (1) Constitutionally silly and (2) suggests the state is willing to employ unnecessary steps to protect those “secrets” (of course the DOD/DOJ/FBI/CIA bureaucrats reveal secrets, anonymously, to “the press”, every day, even when there is no formal decision those secrets have become declassified).


17 posted on 11/27/2020 8:51:39 AM PST by Wuli
[ Post Reply | Private Reply | To 1 | View Replies]

To: Theoria

“The plaintiff, Bilal Abdul Kareem, is a U.S. citizen who works as a journalist in Syria”

Probably not too smart to go to Syria, given what’s going on their (and that our government will be monitoring you).


18 posted on 11/27/2020 8:51:41 AM PST by BobL (I shop at Walmart and eat at McDonald's, I just don't tell anyone, like most here.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: elpadre
but “what if” by revealing the information the life of a valuable source is endangered, perhaps more and, perhaps an entire operation that could save even more lives is ended.

What if the coverup of information is to protect the illegal operations of the U.S. government. Imagine a Biden admin were you're targeted for assassination because you were about to uncover a "source" facilitating the bribery of U.S. officials.

There might be a reason the framers of the Constitution didn't include provisions for secret courts or extrajudicial assassinations.

19 posted on 11/27/2020 8:53:16 AM PST by Flick Lives (My work's illegal, but at least it's honest. - Capt. Malcolm Reynolds)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Theoria

not a good precedent to set


20 posted on 11/27/2020 8:53:43 AM PST by SisterK (its a spiritual war )
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-8081-91 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson